---
kind: "range"
citation: "15 U.S.C. §§ 52–54"
title: "15"
from: "52"
to: "54"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/15/52..54"
---

# §52. Dissemination of false advertisements

- (a) **Unlawfulness—** It shall be unlawful for any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation to disseminate, or cause to be disseminated, any [false advertisement](/usc/15/55.md?p=a-1)—
  - (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the [purchase](/usc/15/78c–5.md?p=g) of [food](/usc/15/55.md?p=b), [drugs](/usc/15/55.md?p=c), devices, services, or [cosmetics](/usc/15/55.md?p=e); or
  - (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the [purchase](/usc/15/78c–5.md?p=g) in or having an effect upon commerce, of [food](/usc/15/55.md?p=b), [drugs](/usc/15/55.md?p=c), devices, services, or [cosmetics](/usc/15/55.md?p=e).
- (b) **Unfair or deceptive act or practice—** The dissemination or the causing to be disseminated of any [false advertisement](/usc/15/55.md?p=a-1) within the provisions of [subsection (a)](#a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of [section 45 of this title](/usc/15/45.md).

# §53. False advertisements; injunctions and restraining orders

- (a) **Power of Commission; jurisdiction of courts—** Whenever the [Commission](/usc/15/78c.md?p=a-15) has reason to believe—
  - (1) that any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation is engaged in, or is about to engage in, the dissemination or the causing of the dissemination of any advertisement in [violation](/usc/15/57b–1.md?p=a-7) of [section 52 of this title](/usc/15/52.md), and
  - (2) that the enjoining thereof pending the issuance of a complaint by the [Commission](/usc/15/78c.md?p=a-15) under [section 45 of this title](/usc/15/45.md), and until such complaint is dismissed by the [Commission](/usc/15/78c.md?p=a-15) or set aside by the court on review, or the [order](/usc/15/8702.md?p=14) of the [Commission](/usc/15/78c.md?p=a-15) to cease and desist made thereon has become final within the meaning of [section 45 of this title](/usc/15/45.md), would be to the interest of the public,

  the [Commission](/usc/15/78c.md?p=a-15) by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States or in the United States court of any Territory, to enjoin the dissemination or the causing of the dissemination of such advertisement. Upon proper showing a temporary injunction or restraining [order](/usc/15/8702.md?p=14) shall be granted without bond. Any suit may be brought where such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation resides or transacts business, or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md). In addition, the court may, if the court determines that the interests of justice require that any other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation should be a party in such suit, cause such other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any suit under this section, process may be served on any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation wherever it may be found.

- (b) **Temporary restraining orders; preliminary injunctions—** Whenever the [Commission](/usc/15/78c.md?p=a-15) has reason to believe—
  - (1) that any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade [Commission](/usc/15/78c.md?p=a-15), and
  - (2) that the enjoining thereof pending the issuance of a complaint by the [Commission](/usc/15/78c.md?p=a-15) and until such complaint is dismissed by the [Commission](/usc/15/78c.md?p=a-15) or set aside by the court on review, or until the [order](/usc/15/8702.md?p=14) of the [Commission](/usc/15/78c.md?p=a-15) made thereon has become final, would be in the interest of the public—

  the [Commission](/usc/15/78c.md?p=a-15) by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to enjoin any such act or practice. Upon a proper showing that, weighing the equities and considering the [Commission](/usc/15/78c.md?p=a-15)’s likelihood of ultimate success, such action would be in the public interest, and after notice to the defendant, a temporary restraining [order](/usc/15/8702.md?p=14) or a preliminary injunction may be granted without bond: Provided, however, That if a complaint is not filed within such period (not exceeding 20 days) as may be specified by the court after issuance of the temporary restraining [order](/usc/15/8702.md?p=14) or preliminary injunction, the [order](/usc/15/8702.md?p=14) or injunction shall be dissolved by the court and be of no further force and effect: Provided further, That in proper cases the [Commission](/usc/15/78c.md?p=a-15) may seek, and after proper proof, the court may issue, a permanent injunction. Any suit may be brought where such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation resides or transacts business, or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md). In addition, the court may, if the court determines that the interests of justice require that any other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation should be a party in such suit, cause such other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any suit under this section, process may be served on any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation wherever it may be found.

- (c) **Service of process; proof of service—** Any process of the [Commission](/usc/15/78c.md?p=a-15) under this section may be served by any [person](/usc/15/78m.md?p=h-8-E) duly authorized by the [Commission](/usc/15/78c.md?p=a-15)—
  - (1) by delivering a copy of such process to the [person](/usc/15/78m.md?p=h-8-E) to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served;
  - (2) by leaving a copy of such process at the residence or the principal office or place of business of such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation; or
  - (3) by mailing a copy of such process by registered mail or certified mail addressed to such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation at his, or her, or its residence, principal office, or principal place or business.

  The verified return by the [person](/usc/15/78m.md?p=h-8-E) serving such process setting forth the manner of such service shall be proof of the same.

- (d) **Exception of periodical publications—** Whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, published at regular intervals—
  - (1) that restraining the dissemination of a [false advertisement](/usc/15/55.md?p=a-1) in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and
  - (2) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining [order](/usc/15/8702.md?p=14) with respect to such [false advertisement](/usc/15/55.md?p=a-1) or any other advertisement,

  the court shall exclude such issue from the operation of the restraining [order](/usc/15/8702.md?p=14) or injunction.


# §54. False advertisements; penalties

- (a) **Imposition of penalties—** Any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation who violates any provision of [section 52(a) of this title](/usc/15/52.md?p=a) shall, if the use of the commodity advertised may be injurious to health because of results from such use under the conditions prescribed in the advertisement thereof, or under such conditions as are customary or usual, or if such [violation](/usc/15/57b–1.md?p=a-7) is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment; except that if the conviction is for a [violation](/usc/15/57b–1.md?p=a-7) committed after a first conviction of such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation, for any [violation](/usc/15/57b–1.md?p=a-7) of such section, punishment shall be by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment: Provided, That for the purposes of this section meats and meat [food](/usc/15/55.md?p=b) products duly inspected, marked, and labeled in accordance with rules and regulations issued under the Meat Inspection Act [[21 U.S.C. 601](/usc/21/601.md) et seq.] shall be conclusively presumed not injurious to health at the time the same leave official “establishments.”
- (b) **Exception of advertising medium or agency—** No publisher, radio-broadcast licensee, or agency or medium for the dissemination of advertising, except the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), or seller of the commodity to which the [false advertisement](/usc/15/55.md?p=a-1) relates, shall be liable under this section by reason of the dissemination by him of any [false advertisement](/usc/15/55.md?p=a-1), unless he has refused, on the request of the [Commission](/usc/15/78c.md?p=a-15), to furnish the [Commission](/usc/15/78c.md?p=a-15) the name and post-office address of the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), seller, or advertising agency, residing in the United States, who caused him to disseminate such advertisement. No advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any [false advertisement](/usc/15/55.md?p=a-1), unless it has refused, on the request of the [Commission](/usc/15/78c.md?p=a-15), to furnish the [Commission](/usc/15/78c.md?p=a-15) the name and post-office address of the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), or seller, residing in the United States, who caused it to cause the dissemination of such advertisement.